The D.C. Circuit Court of Appeals ruled that the 1798 law gave presidents “near-blanket authority” to detain and deport any noncitizen from a country at war with the U.S. However, the three-judge panel ruled the invasion had to come from a foreign government rather than a gang.
“The AEA authorizes the President to restrain and remove the …
The D.C. Circuit Court of Appeals ruled that the 1798 law gave presidents “near-blanket authority” to detain and deport any noncitizen from a country at war with the U.S. However, the three-judge panel ruled the invasion had to come from a foreign government rather than a gang.
“The AEA authorizes the President to restrain and remove the nationals of a belligerent foreign power,” wrote Judge Karen Henderson, appointed by former President George H.W. Bush, in a concurrence to the unanimous order. “Such power tracks when invasion is considered in its military sense.”
The D.C. Circuit Court of Appeals ruled that the 1798 law gave presidents “near-blanket authority” to detain and deport any noncitizen from a country at war with the U.S. However, the three-judge panel ruled the invasion had to come from a foreign government rather than a gang.
“The AEA authorizes the President to restrain and remove the nationals of a belligerent foreign power,” wrote Judge Karen Henderson, appointed by former President George H.W. Bush, in a concurrence to the unanimous order. “Such power tracks when invasion is considered in its military sense.”